November 29, 2011 – On November 21, 2011, the U.S. Environmental Protection Agency (EPA) completed the long-awaited final step to the wood furniture finishing MACT by publishing the Residual Risk and Technology Review (40 CFR63, Subpart JJ).

EPA concluded that, although risk estimates were generally acceptable, potential acute risk to the general public could not be ruled out, with estimated maximum one-hour exposures exceeding short-term occupational and World Health Organization reference values.

As a result, EPA established three additional wood finishing restrictions for Subpart JJ facilities:

1. The use of conventional spray guns is restricted to application where there is a hazardous air pollutant control device. (Water wall or dry filtration commonly used in wood furniture facilities are NOT hazardous air pollutant control devices.) Per 40 CFR 63.801(a), a conventional spray gun is:

   "A spray coating method in which the coating is atomized by mixing it with compressed air and applied at an air pressure greater than 10 pounds per square inch (gauge) at the point of atomization. Airless and air assisted airless spray technologies are not conventional air spray, because the coating is not atomized by mixing it with compressed air. Electrostatic spray technology is also not considered conventional air spray, because an electrostatic charge is employed to attract the coating to the work piece."

   We are aware that some AHFA member facilities may use conventional spray guns for low-pressure application, such as spatter stain. As long as the gun is operated at or below 10 psi, the use of conventional guns in such instances will continue to be allowed under the rule. However, if your facility operates conventional guns above 10 psi, those guns will need to be replaced prior to the compliance date of November 21, 2014.


 
2. Formaldehyde content for finish coating and contact adhesives is limited to one percent by weight or less. As an alternative, you may choose to comply by limiting formaldehyde emissions from affected sources to no more than 400 pounds per year. We believe that nearly all (if not all) member facilities will be able to demonstrate formaldehyde emissions of less than 400 pounds per year. Once again, the compliance date is November 21, 2014.

 
3. Finally, effective immediately, the final rule eliminates the Subpart JJ exemptions from emission limits and standards during periods of startup, shutdown and malfunction (SSM). EPA has taken this step in response to a federal court decision that invalidated similar SSM provisions. Thus, the Subpart JJ emission standards will apply at all times, including during SSM events. EPA has inserted affirmative defensive language in Subpart JJ allowing facilities to avoid civil penalties by submitting to EPA a timely explanation for a malfunction. Among other things, a facility seeking to invoke the affirmative defense for a malfunction must demonstrate that any excess emissions were the result of a sudden, infrequent and unavoidable equipment failure.

If you have any questions related to this rule, please contact Bill Perdue at bperdue@ahfa.us.